Professional Documents
Culture Documents
Unit I - Constitutional Underpinnings: Federalism
Unit I - Constitutional Underpinnings: Federalism
Underpinnings
Federalism
The cake of government
Happy Birthday
Today in 1787 the
Constitution was
created.
For 232 years you live
in the only working
revolution
Essential Question: How does federalism meet the guidelines of the
Madisonian Model of Government and allow the Constitution to be a living
document?
Students can:
Decipher federalism’s role in the madisonian model of government
Determine the roles of the federal and state government under a federal
system
Evaluate whether federalism allows the federal government to usurp state
authority
Agenda
The Politics of a Supreme Court Nominee
Federalism in American Government
Let Them Eat Cake
HOMEWORK
Federalism, The Undiscover Country – Due, Thursday September 19
Polling Americans
Is the current SCOTUS vacancy Poll: Half of voters think the
more of a motivator for Republican winner of the 2020 election
or Democratic voters? should pick Ruth Bader
Republican voters 38.64% (660 Ginsburg's replacement – USA
votes) TODAY
Democratic voters 61.36% (1,048
votes) Half in new poll say winner of
Total Votes: 1,708 November election should
replace Ginsburg – The Hill
?
Should the current President select
the next nominee for the Supreme
Court vacancy?
Federalism Quiz
Federalism Powers: Put an (R) if it is a reserve powers for states, (E) if it is
an enumerated power for the federal government, or (C - concurrent) if both
state and federal government can use the power
1- Establish marriage contracts
2- Print & coin money
3- Collect taxes
4- Establish voting requirements
5- Declare war
6- Control intrastate commerce
7- Establish courts and prisons
8- Control interstate commerce
9- Establish guidelines for public education
10- Regulate a military
Federalism Quiz
Put an F next to all of the following that are examples of
federalism.
1-The way we elect senators
2-US speed limit laws
3-The power of the president to veto
4-The Confederate States of America
5-The constitutional amendment process
6-The impeachment process
7-Voting for US president
8-Qualificaitons for president
9-Judicial review
10-The Americans with Disabilities Act
Madisonian Model
“The powers delegated by the proposed Constitution to the federal
government are few and defined. Those which are to remain in State
governments are numerous and indefinite”
- James Madison, Federalist 45
Unity without
Check the growth of
uniformity: issues
tyranny – prevent
effect national, state, &
factionalism
local levels
Keeps government
closer to the people
Clarified Division of Power
Why does the United States have disputes over federal and state power?
The Clear Line Dividing POWER?
Assignment: Let Them Eat Cake – challenging Federalist 45
“The powers delegated by the proposed Constitution to the federal government are
few and defined. Those which are to remain in State governments are numerous and
indefinite”
- James Madison, Federalist 45
OR
HOMEWORK
Read Pgs. 51-57 in Amsco US Government & Politics & Chris Edward’s
“Fiscal Federalism”
Complete The Golden Rule
There Ought to be a Law
Should amend to end the tyranny of Federalism – evaluate
whether Governor Abbott of Texas is on point
Court Clarity
How have McCulloch v. Maryland (1819) and U.S. v. Lopez
(1995) defined federalism in distinguishing the authority
between federal and state government?
The U.S.
The federal Constitution
government pre- establishes state
empt state power… have power …
“The powers delegated by the proposed Constitution to the federal government are
few and defined. Those which are to remain in State governments are numerous and
indefinite” Wasn’t I clear?
- James Madison, Federalist 45
Clarifying Federalism
Heart of Atlanta v. United States 1963 United States v. Lopez 1995
The Court held that the Commerce Yes. The possession of a gun in a
Clause allowed Congress to regulate local local school zone is not an economic
incidents of commerce, and that the Civil activity that might, through repetition
Right Act of 1964 passed constitutional
elsewhere, have a substantial effect
muster. The Court noted that the
applicability of Title II was "carefully
on interstate commerce. The law is a
limited to enterprises having a direct and criminal statute that has nothing to do
substantial relation to the interstate flow with "commerce" or any sort of
of goods and people. . ." The Court thus economic activity.
concluded that places of public
accommodation had no "right" to select
guests as they saw fit, free from
governmental regulation.
Expanding Federal Power
State Government
Federal Government
• Obamacare mandate
Essential Question: How does federalism meet the guidelines of the
Madisonian Model of Government and allow the Constitution to be a living
document?
Students can:
Decipher federalism’s role in the madisonian model of government
Determine the roles of the federal and state government under a federal
system
Evaluate whether federalism allows the federal government to usurp state
authority
Agenda
Brutus 1 or Chris Edwards
Cooperative or Coercive Federalism?
A defense of federalism
HOMEWORK
Come the Devolution by Lenny Goldberg & Dissecting the Devolution
Unit IB Federalism Test – Thursday, October 8
Presidential Debate Night
1st Debate tonight at 9:00 PM
Formula grants
Mandates: No Child
Left Behind
List and explain ideas that support both sides of the argument
Proper Balance Coercive Federalism
Federalism
Advantages for Democracy Disadvantages for Democracy
Increases access to States have different levels
government of service
Local problems can be Local interest can
solved locally counteract national interests
Hard for political parties or Too many levels of
interest groups to dominate government and too much
all politics money
HOMEWORK
Devolution FRQ – Due Friday
Annotate Federalist 45
Unit IB Federalism Test – Thursday, October 8
Big idea
Prompt: Evaluate whether federalism has enabled the national
government to usurp the power of the states
Explain how the idea of Devolution Revolution provides a
counter argument to the prompt.
Federal $$ under
federalism
Devolution
Revolution – New Block grants: give states
Federalism less $$ but greater freedom
on how the $$ can be use.
Ex. Transportation grant
Welfare Reform
List and explain ideas that support both sides of the argument
Proper Balance Coercive Federalism
Essential Question: How does federalism meet the guidelines of the
Madisonian Model of Government and allow the Constitution to be a living
document?
Students can:
Decipher federalism’s role in the madisonian model of government
Determine the roles of the federal and state government under a federal
system
Formulate arguments of whether the framers constructed a government that
promotes tyranny
Agenda
Federalism Line
History of Federalism Conflict
The Balance of Power
HOMEWORK
Read pages 75-90: Devolution or Bust
Essay outline development
Federalism Test – Wednesday, October 2
Failures of Fiscal Federalism
Why are states continuing to have
budget shortfalls when the federal
government is giving them
billions in federal grants?
•Rising cost
•Mandates cause states to spend $
$$ (environmental impact
studies)
•Block grants: give less money
and more freedom
Let Them Eat Cake
Marble vs. Layered Cake – Federalism Debate
• How does intergovernmental
The Golden Rule
revenues re-define the relationship
between state and federal
government? (Categorical Grants,
Formula Grants, Grants in aid, &
Block Grants)
• Why do mandates cause so much
controversy between state and
federal government? (Ex. South
Dakota v. Dole, No Child Left
Behind, Free and Reduce Lunch)
• How does political ideology play a
critical role in this debate?
Money from the Federal gov to state gov
HOMEWORK
-Public policy research
-Essay outlines – Essay assessment Friday, 9/27
-Federalism Test – Wednesday, Oct. 2
The Power of the Feds
Determine how your assigned topic has strengthened or weakened the
power of the federal government. Explain its impact of federal power
authority.
HOMEWORK
Research Public Policy
Essay outline (Essay – Friday, September 27)
Federalism Quiz – Wednesday, Oct. 2nd
Quote for Question 3
“The powers delegated by the proposed
Constitution to the federal government are
few and defined. Those that are to remain
in the State governments are numerous
and indefinite.”
Federalist 45, James Madison, 1788
The Goldberg Premise
Goldberg’s Premise: Devolution is a conceivable solution to
carry out public policy, but has been poorly implemented.
Write two statements that demonstrate how Goldberg supports
this premise
Issues of Fiscal Federalism
Failures:
Expanded bureaucratic controls
Court case interpretation – busing, prison overcrowding, etc.
Caused extra cost on states
Mandates were not funded
Greater dependence of states on federal $$
Washington needs held over local needs
Too ideological of a battle even when both parties support devolution
No agreements between state and federal government over cost projections
Developing Revolution
1960s Johnson’s Great Society: expansion of
federal government power through civil rights
and social programs
1970’s Nixon’s creates revenue sharing to give
state greater flexibility in the use federal funds
1980’s Reagan’s New Federalism restricts
federal government intrusion on states
1990’s– Congress shifts authority over social,
educational, & social programs to the states
1995 – Contract with America: authority given
to states to overhaul federal mandated programs
“welfare” and agrees to pay them for
enforcement while curbing new federal
programs
Essential Question: How does federalism meet the guidelines of the
Madisonian Model of Government and allow the Constitution to be a living
document?
Students can:
Decipher federalism’s role in the madisonian model of government
Determine the roles of the federal and state government under a federal
system
Formulate arguments of whether the framers constructed a government that
promotes tyranny
Agenda
The Great Debate over Federalism
The Harkness of Federalism
HOMEWORK
Prep for Essay
Federalism Test – Wednesday, October 2nd
Federalism policy letter’s rough draft due Monday
Restoring Federalism
Evaluate the following proposal as to whether or not it is the correct course
of action for the United States and our government.
Perspective on Federalism
Federalism was included as a principle in the Constitution as a way to
insure that the federal government meet the challenges of the nation, but
not usurp the authority of the states. Debate has raged on as to whether the
limitations of federalism have protected state’s government power.
Develop an argument about whether federalism has provided an
appropriate guideline for empowering the national government to meet the
demands of a nation or grants the authority to usurp state authority.
Use at least one piece of evidence from one of the following foundational
documents:
Federalist 45
Brutus 1
McCulloch v. Maryland
Lopez v. United States
Compliance or Coercive Federalism
Evaluate whether cooperative federalism promotes a positive
relationship between the states and the federal government.
HOMEWORK
Read Bicameralism by Design and complete attendance question
Federalism – state v. federal government complete by next class
Repairs to the Federalism Test
Quote for question 3
“The powers delegated by the proposed Constitution to the
federal government are few and defined. Those that are to remain
in the State governments are numerous and indefinite.”
Federalist 45, James Madison, 1788
Question 6
Answer A should read - A delegation of power from the federal
government to state governments, increasing state and local
sovereignty
Mandates of the Federal Government
Mandates – rules made by the federal government in to guide
public policy
Ex. Completing an environmental impact study or hiring of workers
following Civil Rights Legislation
Federal Mandates
Modern Mandates
American Disability Act: required accessibility (zero grade entrances,
elevators, etc.)
No Child Left Behind: States demonstrate that all children can achieve
success in the classroom (standardize testing)
Clean Air Act: required standards for pollution emissions
Meant to create uniform standards for states
•States can refuse them, but it cost them intergovernmental
revenues
Fiscal federalism